The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act (FMLA) lets eligible employees take unpaid leave for medical or family reasons. Learn about benefits, requirements, and how to report violations.

FMLA benefits

FMLA allows up to 12 weeks of unpaid leave in a 12-month period for qualifying life events. Your employer must protect your job and access to your group health benefits while you are on leave.

Learn more about FMLA benefits and qualifying life events.

FMLA eligibility

Not all employees are eligible for FMLA. You must work for a covered organization to take FMLA leave. FMLA covers:

• Private organizations with at least 50 employees
• All government agencies and public and private elementary and secondary schools

Even if your employer is covered by FMLA rules, you are not automatically eligible for FMLA leave. All of these criteria must be met to qualify for FMLA leave:

You've worked for your employer for at least 12 months.

You've worked at least 1250 hours for your employer in the last 12 months.

Your employer has 50 employees within 75 miles of your worksite.

Some states have different eligibility rules for their family leave programs. Find out if your state has a program and check its eligibility rules.

How to apply for FMLA

The first step in taking FMLA leave is notifying your employer. They will let you know if you are eligible. Learn more about the FMLA leave process, and find out what steps are your responsibility and which ones are your employer’s.

In some cases, you may need to complete a certification and submit it to your employer to verify your reason for taking leave. You can find a list of FMLA forms from the U.S. Department of Labor. Your employer will let you know which one to submit.

Report FMLA violations

The Department of Labor's Wage and Hour Division enforces FMLA leave. Contact them with questions, complaints, or to report violations of FMLA coverage.

Call the Wage and Hour Division at 1-866-4US-WAGE (1-866-487-9243), Monday through Friday, 8:00 AM - 4:30 PM local time. You can also contact your local office.

FMLA violations include:

• Denial or interference with exercising FMLA rights
• Manipulation of an employee’s work hours to avoid responsibilities under FMLA
• Retaliation for using FMLA or participating in activities related to FMLA investigations

Learn more about protections under FMLA.

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